Boise Divorce Attorneys - Boise Probate Attorneys - Family Law Lawyers, (208)472-2383
Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.
As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.
If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).
So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.
If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.